LawyerLandLegal Glossary

Contempt of Court

The court's power to punish disobedience of its own orders - the mechanism that makes a court order more than a piece of paper.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

What it means

Contempt is how a court enforces itself. Without it a court order would be advice. The power reaches conduct that disrupts proceedings and, far more commonly in ordinary life, failure to comply with an order the court has already made - to pay support, to hand over property, to allow parenting time, to produce documents, to stop doing something.

The central distinction is between civil and criminal contempt, and it is not about how serious the conduct was. Civil contempt is coercive: its purpose is to obtain compliance, and the classic formulation is that the person held in contempt "carries the keys of the prison in their own pocket" - the sanction ends when they comply. Criminal contempt is punitive: it punishes a completed act of defiance, the sentence is fixed, and complying afterwards does not undo it. Because criminal contempt is a punishment, it brings substantially greater procedural protections, and a sufficiently serious charge can carry a right to a jury trial.

Inability to comply is generally a defence to civil contempt, and this is the point of greatest practical consequence. A person who genuinely cannot pay is, in most systems, not in civil contempt for not paying - the sanction is meant to coerce someone who is able to comply and refuses. But the burden of raising and substantiating that inability normally sits on the person facing the motion, and a person who simply does not appear will not have raised it at all.

Contempt proceedings for non-payment of support or fines are also where people most often face jail without a lawyer. The Supreme Court has held that there is no automatic right to appointed counsel in every civil contempt case, but that where the state is not represented and the person's liberty is at stake the procedure must include safeguards - notice that ability to pay is the critical issue, a form to set out finances, and an express court finding on it.

Where this comes from

Federal courts hold both an inherent contempt power and a statutory one at 18 U.S.C. § 401, with the procedure for criminal contempt at Federal Rule of Criminal Procedure 42 and for disobedience of a discovery order at Federal Rule of Civil Procedure 37(b). The civil and criminal distinction is set out in International Union, UMWA v. Bagwell, 512 U.S. 821 (1994), and the due process requirements in civil contempt for non-payment of child support in Turner v. Rogers, 564 U.S. 431 (2011). Most contempt in everyday practice arises in state courts under state statutes and rules, which differ in procedure and in the sanctions available; any period for responding to a contempt motion is set by those rules and this page states none.

When people hire a lawyer for this

Being served with a contempt motion is one of the strongest reasons to get a lawyer quickly, because jail is genuinely on the table in a way it is not elsewhere in civil litigation, and because the defence that usually matters - that you were unable to comply rather than unwilling - has to be raised and evidenced by you. Do not skip the hearing: non-appearance is the single worst response and can itself lead to an arrest warrant. If the order has become impossible to comply with because your circumstances changed, the right move is usually to apply to modify it rather than to wait until non-compliance is the subject of a motion.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.
If you cannot afford a lawyer, civil legal aid programmes provide free help with many of these problems: civil legal aid programmes by state.